SB 1070 supporters, opponents are clashing in Washington

WASHINGTON - The battle over illegal-immigration enforcement has again reached a frenzied pitch as the U.S. Supreme Court prepares to hear arguments today in the federal government's lawsuit against Arizona's controversial Senate Bill 1070.

Local and national political leaders on both sides of the issue have gathered in Washington, D.C., to watch and participate. For two days, interfaith groups opposing the law have held a prayer vigil on the marbled steps of the Supreme Court. "Tea party" and illegal-immigration-enforcement supporters will rally on the same steps during the hearing, which begins at 7 a.m. Arizona time.

Tickets to the hearing have become a hot commodity, with long lines expected this morning as the public tries to snatch up the remaining few. The high court's ruling on this case -- which will likely come some time this summer -- will affect not only Arizona's illegal-immigration-enforcement laws but similar laws in states across the nation and the way states address the problem of illegal immigration going forward.

Gov. Jan Brewer, who signed the measure into law in April 2010, is confident of winning.

"Why would a court rule against a law that's perfectly clear?" she asked. "I cannot fathom not winning."

The high court agreed to hear arguments in the U.S. Department of Justice lawsuit challenging the constitutionality of SB 1070 after lower federal courts halted key parts of the law from going into effect.

Legal experts predict this will become a landmark case for immigration. The key issue is one of pre-emption: Does Arizona have the right to enforce federal immigration laws the way it chooses, particularly when it believes the federal government is not doing an adequate job?

SB 1070, among other things, made it a state crime to be in the country illegally and stated that an officer engaged in a lawful stop, detention or arrest must, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.

During today's hearing, each side will get 30 minutes to argue its case before eight Supreme Court justices; the ninth, Justice Elena Kagan, recused herself because she was President Barack Obama's solicitor general when the federal government filed the lawsuit against Arizona.

Paul Clement, a former solicitor general under President George W. Bush, will defend SB 1070 for Arizona. U.S. Solicitor General Donald Verrilli, Obama's designated Supreme Court lawyer, will argue against the law on behalf of the federal government.

Local and national leaders on both sides of the issue are expected to pack the chambers. The audience will include Brewer and Cochise County Sheriff Larry Dever, both strong supporters of the measure, as well as Sen. Steve Gallardo, D-Phoenix, a vocal opponent.

Brewer has faced both criticism and praise for backing the law.

"I was very cognizant of the fact that when I signed the bill that there were going to be accusations, and there were going to be people that misunderstood it, and it would be misrepresented," Brewer said. "I guess the biggest ... surprise was that it's taken so long to get resolved. Hopefully, we'll have a decision by June."

Brewer said allegations that allowing the law to go into effect will lead to racial profiling are untrue and "outrageous."

"The worst inaccuracy is all the business about people walking down the street licking an ice cream and gonna get arrested," she said. "I don't believe there's a bit of truth in it. I believe that they want to throw out the race card to shut down the debate."

She said she expects Clement to present a strong defense.

"One thing that will be presented should be that we have the right as a state to enforce the law, not much different than what we have been doing, in conjunction with the federal government," she said. "We will be a helpmate to the federal government because they won't do it, and so we will spend state resources to enforce those laws, both federally and state."

Dever said he wouldn't miss the chance to hear the arguments on a battle he fights every day as sheriff of a border county.

"It's been a long, arduous climb up this mountain," he said. "I'm compelled to be present. I'm hoping to find that our Supreme Court sees the big picture and will discover collectively that we're right and the Department of Justice is wrong."

He said the Department of Justice arguments against SB 1070 don't stand up in real life.

"I keep hearing the (Obama) administration talking about comprehensive immigration reform," he said. "What we need is comprehensive immigration enforcement. And we don't have that."

He disagrees with the argument that states can't have a patchwork of illegal-immigration laws.

"We have a patchwork of drug laws. We have a patchwork of firearms laws," he said. "Why is immigration a sacred cow?"

He also doesn't buy the arguments that state laws would interfere with the federal government's ability to perform illegal-immigration enforcement.

"How can you interfere with something that isn't being done anyway?" he asked. "The Department of Justice is making an argument that I think is very weak. I'm hoping the justices will delve very deeply into those questions."

Gallardo said he hopes the justices will uphold the lower-court ruling halting parts of the law from going into effect.

"But at the end of the day, regardless of what the Supreme Court does, Senate Bill 1070 is wrong and should be repealed," he said. Gallardo unsuccessfully proposed state legislation this session to overturn the law. "That has to continue to be our mission."

Gallardo said he hopes Verrilli today talks to the Supreme Court about the real-life impact of SB 1070.

"Folks are living in fear that they are going to be separated from their families, detained, arrested," he said. "You have parents leaving phone numbers at the school in case they're not around when their kids get out of school."

Lines for extra tickets were expected to begin forming early this morning. Former state Sen. Russell Pearce, who helped write SB 1070, will be among those in line. He was still trying to get a ticket as of Tuesday.

Pearce, who defended the law before a Senate Judiciary subcommittee hearing in Washington on Tuesday, said he is confident the justices will allow the law to go into effect.

"We are not pre-empted. This law is modeled to copy with federal law," he said. "We feel really good about it."

Supporters and opponents plan to hold rallies in Washington and downtown Phoenix throughout today.